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Introspection And Completion Of The Crime Of Fraud Of Our Country

Posted on:2008-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:H X LiFull Text:PDF
GTID:2166360215452509Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Due to the restriction of the previous socio-economic conditions and the level of awareness, Current Criminal Law of fraud under the provisions of the new situation has shown some lag. Although some criminal legal documents and judicial interpretation of law and its subsidiary supplements has some complemented rules, they still lag behind the needs of the spread of criminal fraud Therefore, it is necessary to conscientiously study some issues related to fraud conviction and sentencing, in order to better guide the legislative and judicial practice. Therefore, this writer tried to briefly analyze the current state of legislation and discussed how to improve the penalties for fraud crimes.The paper is divided into three parts: The first part, reflect the target of fraud and further improve the law; The second part, reflect China's main fraud and perfect the law; The third part, reflect our criminal penalties for fraud and Perfect the law. The three-part also includes eight small parts, describing the fraud from different angles to show the current situation in China and how to improve the Criminal Law. In this paper, the first part gave a comparative analysis of the legislation about the crime target in China and foreign countries. And it suggested that China should learn from foreign legislative improve the law. The writer believed that our legislation only provides a financial fraud as a target but doesn't give clear provisions for property interests. However, the majority of foreign countries and regions have provided property and property interests are the targets of fraud. Property benefits are all property other than property benefits.It can be both the increase of the positive property or reduction of the negative property. At the same time, it can also be long-term interests or short-term interests. It mainly includes the release of debt, debt extension, and accepting services and so on. Our country should add the property interests as the target of fraud crime. Article 266 of the Penal Code will be revised to public and private property and private property. The reasons are as follows: firstly, It suits the principle-the objective and subject are unity. Secondly, It is coherent with Central Criminal justice, and it possesses the appropriate legal basis. Thirdly, It is a general trend and the demand of the times.The second part of this paper was to compare the main foreign criminal fraud, and the completion of our main recommendations fraud. Most western law countries admit the commission of a fraud unit. And the mainland law countries have gradually admitted it. China's current criminal law has no provision units'fraud. As for the fraud in the name of the unit, our country's law only punishes the director in charge of it and other personnel. On this matter, Chinese theoretical circles also have two opposing views. And I believe that our country should regard the unit as the execution of fraud crime. Main reasons: First, it has corresponding theoretical foundation; and fit the requirement to achieve our demands. Second, the unit has become the main fraud in its legal basis. Third, its final objective is consistent with the principles and it is good for combating crime.The third part of this paper, our criminal penalties for fraud provisions of the legislation were compared with that of forgone countries, and found we are lack of punishment about fraud , thus draw on the legislation for improving fraud penalties. Although the Criminal Laws have been increasingly adjusted according to the social harmony of the fraud cases existed in judicial practice; and they have provided a powerful legal weapon for judicial departments to release the increasingly serious situation of fraud crime, which punished and prevented crimes. Presently in China, the legislative on the penalties for fraud crimes has still had some problems, which needs to be further improved. Firstly, Compared with the provisions of the Criminal Law in foreign countries, the statutory maximum sentence on the fraud crime is relatively much heavier. I believe it should be adjusted to 15- year sentence on the fraud crime which the feature of fraud suit to the responsibility that who should take. China's current Criminal Law carries the money penalty Compared with the old one. However, the Penal Code provision just takes the plots about the crime into consideration, and ignores the specific circumstances of each offender. The criminals who committed the same crime committed were penalized the same amount of money, resulting in a "completely different results due to a fine of differences wealth inequalities."Moreover, China's Criminal Code has not set a specific provision of the criminal fine amount. In my view, in light of Chinese Criminal Law can be a minimum wage guarantee system, in the light of the Penal Code of the Russian Federation legislation and China sets up the fraud criminal fine. Thirdly, the current Criminal Law "large amount" as an essential element to punish fraud is not enough to provide properly. Fourthly, Our country's Penal Code hasn't regulated how to deal with the fraud during relatives. In order to distinguish with the common crimes, we can learn to the legislation of Norway and Taiwan, taking swindling crimes among kinships as "No Trial Without Complaint".
Keywords/Search Tags:Introspection
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